jxv73

Why is everyone assuming that withdrawing an application is the same as a denial? If you get sick and cancel your travel plans, does that mean a visa was denied?

DavidLemon

One would think that if they have not paid then there will be no processing thus no application. If they have paid, then the process has started and has to come to some form of decision.
It has often been quoted in this forum that there are only two outcomes for a visa application once it has been made. Approved or denied. If an application is started then it has to meet one of the expected outcomes, there is no alternative.
However the application has to have started for that to happen, and I have no idea as to where in the process the OP is to even know if this is the case for them.
Im not saying that the above is correct, just what is quoted in this forum rather frequently in the pretense that it answers the question quoted in this post.

jxv73

http://www.state.gov/documents/organization/87428.pdf

Looks like you have a 221(g) refusal if you pay the fee but do not show-up pendinga re-schedule.

civilservant

There was a recent case of a posters father withdrawing his case before it got interview, he insisted that they had confirmed this was not a visa denial.

Give me a second and I'll dig it out.

EDIT: Here we go, the 3rd page is the relevant one:

http://britishexpats.com/forum/showt...=792660&page=3

jxv73

The fascinating part is the DOS uses "refusal" while DHS uses "denial". A 221(g) is more of a "temporary" refusal that can be overcome.

AJH90

civilservant thank you so much.

If all this is indeed true then it would make far more sense for me to withdraw my application for the B2 and travel on the VWP. My only qualm with that being that i last travelled to the USA on the 27th of March for 17 days but my 90 day allowance runs out on the 24th of June, 19 days after i ideally would arrive. Do you think there is good chance of me being allowed another 90 day allowance seeing as i only stayed for 17 days previously? Or would i have to leave by the 24th of June?

Thank you so much for the help guys, my nerves are starting to settle just a little bit!

civilservant

Every time you are granted entry on VWP you are stamped in for 90 days (unless told otherwise), it wont be a problem. Indeed it could be seen as a positive thing and add to your credibility, since you have clearly complied with conditions of entry in the past.

Noorah101

It doesn't matter how long you stayed on your last trip. Each new trip to the USA is seen as a new 90-day period. You won't be let in for the remainder of your previous 90-day allotted time.

On this new trip, you'll either be given 90 days or 0 days.

Rene

jxv73

Good thread.

For the OP: If you have not submitted the DS-160 OR you have not paid the MRV fee, you should be fine.

AJH90

Hi guys, thanks again for all the help, i really appreciate it.

In response to jxv73, i did complete and submit the B2 visa application online, but that is as far as it goes, i have not booked an appointment or paid any fees (i wasn't asked to until i arrive for an interview) but if i understand the thread linked previously and what civilservant has said, if i leave my application as such it should not be considered fully 'submitted' as i have not taken my confirmation card to the embassy etc. I just checked my ESTA and i am still authorized to travel until May 2014. I think i will travel on my VWP and hope i get through the POE smoothly, as a refusal of entry on the VWP is a lot less damaging than a B-2 refusal.

What do you guys think?

Thanks again

civilservant

As a layman, it sounds like a reasonable course of action to me based on the information given.

DavidLemon

Every time you travel in on the VWP, you are usually stamped in for 90 days, however your allowance (as you put it) ran out the second you left the US. Whilst it is valid up to 90 days, it is reset when you flew back home.

retzie

Just to clarify: your VWP clock has been reset because you left North America completely. It would be a different answer if you'd spent the intervening time in Canada/Mexico/contiguous territories.

ian-mstm

Do nothing else with the B-2. Make no inquiries, and don't attempt to withdraw the application. Let it die a natural death... and you'll simply be one of many who filled out a form and then reconsidered before it got too far.

Use the VWP if you're eligible and it's still valid.

Ian

DavidLemon

Unless you travel to Canada or Mexico for a short trip then you are re-entered in on the remaining time of the vwp.